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As a general rule in these states, you may get a divorce on this ground if your spouse has unilaterally left the family home without justification and refuses to come back. Abandonment isn't the same thing as a separation?when spouses decide to live apart as a trial, in anticipation of divorce, or instead of divorce.
In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed.
Constructive abandonment Marriages sometimes end due to misconduct, abuse, or deception. Moving out could be a reasonable response to a spouse's poor decisions and the damage they might cause. For example, about 40% of couples living together have no idea how much the other makes.
What is desertion? Desertion is intentionally leaving the marriage with the desire that separation be permanent, against the wishes of the other spouse; desertion is not merely taking a trip. Separation by mutual agreement is not desertion.
A legal separation must be filed in the county where you currently live with your spouse or in the county where you and your spouse last lived. In addition, you must submit the application, the family relationship form and a signed settlement agreement. There is a filing fee for legal separation in Arkansas.
While some people leave their family temporarily only to come back after some months or weeks, others leave permanently, leaving everything, including their spouse or children, properties, and financial obligations. There are two types of marital abandonment ? criminal abandonment and constructive abandonment.
Arkansas recognizes both fault and no-fault grounds for divorce. No-fault divorce requires the parties to show that they have lived separately and apart from each other for at least 18 consecutive months and that there is no reasonable expectation of reconciliation. This is known as a ?separation divorce.?
Once the court finalizes your divorce, you or your spouse can remarry or start dating. Because Arkansas is a fault state for divorce, dating before the divorce is finalized can give the other side grounds for divorce.